Privacy & Information Security Law Blog

On March 2, 2022, the Senate unanimously passed the Strengthening American Cybersecurity Act of 2022 (“SACA” or the “Bill”). The Bill is now with the House of Representatives for a vote and, if passed, will be sent to President Biden’s desk for signature.

On February 17, 2022, the California Privacy Protection Agency (“CPPA”) announced at a board meeting that it will delay the publication of final regulations under the California Privacy Rights Act (“CPRA”). As drafted, the CPRA provides for regulations to be finalized by July 1, 2022, to allow for a six-month compliance window ahead of the law’s January 1, 2023 effective date. However, the CPPA estimated that it will not publish final regulations until the third or fourth quarter of 2022. The CPPA also indicated that it may not issue draft regulations until June 2022. The CPPA cited delays in hiring staff and beginning operations as reasons for the delayed rulemaking process.

The Federal Trade Commission has reached a settlement with WW International, Inc. and Kurbo, Inc. over allegations the companies improperly registered children for the “Kurbo by WW” online weight loss management program. In pleadings filed on February 16, 2022, in federal court in the Northern District of California, the FTC claims WW and Kurbo offered a service that was tailored for children but that failed to ensure parental involvement in the registration process. According to the FTC, the defendants created an age gate that children could easily evade, and that ...

On February 23, 2022, the European Commission adopted a Proposal for a Regulation designed to harmonize rules on the fair access to and use of data generated in the EU across all economic sectors (the “Data Act”). The Data Act is intended to “ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven innovation and make data more accessible for all.” Importantly, the Data Act applies to all data generated in the EU, not only personal data, which is regulated by the General Data Protection Regulation (“GDPR”).

On February 14, 2022 the FTC announced that, at the agency’s request, federal courts in California ordered two Voice over Internet Protocol (“VoIP”) service providers to produce information as part of ongoing investigations by the FTC into telemarketing calls and robocalls made in violation of the Telemarketing Sales Rule (“TSR”). Failure to comply with the court orders could result in the VoIP service providers being held in contempt of court.

On February 18, 2022, the Texas Attorney General’s Office (the “Texas AG”) announced that it had issued two Civil Investigative Demands (“CIDs”) to TikTok Inc. The Texas AG’s investigation focuses on TikTok’s alleged violations of children’s privacy and facilitation of human trafficking, along with other potential unlawful conduct.

On February 14, 2022, Noom Inc., a popular weight loss and fitness app, agreed to pay $56 million, and provide an additional $6 million in subscription credits to settle a putative class action in New York federal court. The class is seeking conditional certification and has urged the court to preliminarily approve the settlement.

On January 4, 2022,  the Federal Trade Commission published a blog post reminding companies that “the duty to take reasonable steps to mitigate known software vulnerabilities implicates laws including, among others, the Federal Trade Commission Act and the Gramm Leach Bliley Act,” in response to Log4Shell’s public disclosure of the Log4j vulnerability. The blog post also calls for companies to take immediate steps to reduce the likelihood of harm to consumers that could result from the exposure of consumer data as a result of Log4j or similar known vulnerabilities.

On February 8, 2022, BTI Consulting Group honored Hunton partners Aaron Simpson and Lisa Sotto as BTI Client Service All-Stars for 2022. Aaron and Lisa join a select group of lawyers identified as client service leaders by corporate counsel at the world’s leading organizations. Lisa, also recognized as a Super All-Star, breaks BTI records by being nominated by six clients, the highest number of nominations so far. The BTI Client Service All-Stars “is the only ranking and attorney recognition relying solely on clients.” BTI singles out these attorneys as practical, savvy, in the know, available, nimble, and skilled to deal with complex issues.

On February 15, 2022, the French Data Protection Authority (the “CNIL”) published its enforcement priority topics for 2022. Each year, the CNIL conducts numerous investigations in response to complaints, data breach notifications and ongoing events, or based on previously established enforcement priorities.